So you have received a payment notice from PriPark? This website explains your options with payment notices from Pripark.
Pripark (QLD) Pty Ltd is a private parking company based in Queensland. I have the following issues with PriPark:
1. The Pri Park FAQ page says under the question "how did you obtain my name and address" that "we are legally able to obtain your name and address because you have an outstanding debt". This is not true in many cases. You do not have an "outstanding debt", you have an "alleged debt". There has been no court case to determine if you owe this debt, and you have not necessarily admitted to owing any debt.
2. The PriPark FAQ page says under the question "I wasn't driving at the time", that "the best solution is to pay the parking fee and then recover the fee from the driver yourself. This is a questionable statement since it is illegal under Australian law (and laws in each state) to claim that a person must pay some else's debt. The ACCC Debt Collection Guidelines state that proof of a debt lies with the creditor (PirParkin this case).
3. The Pri Park FAQ page also says that if you weren't the driver, then the owner must send them a statutory declaration nominating the driver. This is a quesitonable request since under Australian law, you cannot demand someone prove that they don't owe a debt. Under Australian law, it is up to the creditor to prove that someone owes them money, not the other way around. The ACCC Debt Collection Guidelines state the burden of proof lies with the creditor.
4. The University of Queensland, who uses PriPark to patrols its car parks, says on its website under the heading Charges and Disputes: "Pripark manages paid parking at University of Southern Queensland Springfield. You are able to pay parking fines via the Pripark website. If you don’t agree with being issued a parking fine you can lodge an objection with Pripark". PriPark has no legal right to issues fines nor do they have any right to advise the University of Southern Queensland that they issue fines.
5. Pripark charge debt collection fees. This is how they operate:
a) The driver receives a notice on their windscreen for $55.
b) If the windscreen notice is not paid by the due date on the notice, then Pripark apply to the Queensland Department of Transport and Main Roads for the name and address of the registered owner of the vehicle.
c) Pripark's debt collectors ARMA then send a letter to the owner demanding $98.
d) If the $98 is not paid by the due date, then Pripark's lawyers send a demand for $175 to the owner.
e) If the $175 is not paid by the due date, then ARMA send more demands seeking payment of $175
The above esclation in the amount owed is an elaborate attempt to make the owner think this is going to go on forever and to desparately pay it now before it goes up further. However, in Queensland, the section 27 of the Debt Collectors (Field Agents and Collection Agents) Act 2014 states that: "a person must not recover or attempt to recover from a debtor the costs or expenses of a debt collector for performing a debt collection activity or a repossession activity". Anyone who has received a demand for $175 from Force Legal should lodge a complaint with the NSW Law Society.
Previously, PriPark were using Australian Recoveries and Collections and Harry Freedman from Freedman and Gopalan Solicitors to chase up alleged debts. See this sample letter from Freedman and Gopalan who are representing PriPark. Note the following on the letter. It purports to be sent by "Freedman and Gopalan Solicitors". However, it does not state the name of the solicitor who has sent it, nor does it include the phone number of Freedman and Gopalan, and it does not include the practice address of Freedman and Gopalan. NSW Solicitor's rule 141 states that:
"In any written communications with clients or other parties, the practitioner must:
- identify the author by name
- the address of the practitioner's principal place of practice
- the practitioner's telephone number".
You will see that none of these details are on the above letter.
However, I have been advised more recently that PriPark are using Australian Recoveries and Mercantile Agents (ARMA) for debt collection, and Force Legal to send out legal letters.
PriPark is part of the Traffic and Parking Systems Group (TPS Group) of companies.
Trying to contact PriPark and getting the run-around? Then call Brett Holdsworth, director at Traffic and Parking Systems at PriPark on 07 5514 8025 or email him at bholdsworth@trafficparking.com.au
If Brett won't help, then call Stuart Kerr from Pripark on 0420-886-583 or 07 5514 8026